What is the ruling on renting commercial shops if the landlord stipulates a percentage of the profits that exceeds the agreed-upon rent?
The validity of an ijarah (leasing/hiring) contract requires the rent/wage to be known. The condition set by shop owners, where part of the rent is fixed and part is unfixed (a percentage of the profit), is not permissible. This is because it involves jahalah (uncertainty) and gharar (excessive uncertainty/risk), and the Prophet, peace and blessings be upon him, forbade gharar. He also forbade hiring a worker until their wage is made clear to them. Therefore, the aforementioned contract is invalid, and the rent/wage must be known and specified.
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- Ftawy
- Original fatwa ID
- 135720
- Imported
- Translation status
- Source text, unreviewed
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